HomeMy WebLinkAboutResolution 1990 - 0085RESOLUTION NO.90-85-5
APPROVING AN AGREEMENT WITH THE COUNTY OF ORANGE
FOR SUBORDINATION OF DISTRICT’S EASEMENT RIGHTS
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.5 OF ORANGE COUNTY,CALIFORNIA
APPROVING AN AGREEMENT WITH THE COUNTY OF ORANGE FOR
SUBORDINATION OF DISTRICT’S EASEMENT RIGHTS
*~****
WHEREAS,the District has undertaken necessary engineering
studies and determined to construct a trunk sewer system described
as the Downcoast Sewer from Corona del Mar to Los Trancos to serve
the Newport Coast Project of Coastal Community Builders;and,
WHEREAS,the design includes an alignment and placement of
said sewer within the right-of-way for Pacific Coast Highway,a
State of California public highway;and,
WHEREAS,the District has previously received a Grant of
Easement from The Irvine Company,granting to the District a 14-
foot easement for the installation,operation and continued future
maintenance of said sewer line;and,
WHEREAS,Coastal Community Builders has received approval from
the County of Orange for Tentative Tract Map No.14131,which
includes a condition that the developer is not to grant any
easements to any other person or agency within areas requiring
dedication to the County of Orange;and,
WHEREAS,the development of the subdivision includes a
requirement to improve Pacific Coast Highway and the dedication of
rights~-of-way to the County of Orange and/or the State of
Califcrnia/Caltrans,which area of dedication includes that land
which has been previously a subject of a Grant of Easement to
District for sewer line purposes;and,
WHEREAS,District has received a request from the County of
Orange and Coastal Community Builders to subordinate its interest
for the underground sewer to that of the County for purposes of the
public street right-of-way;and,
WHEREAS,the District has reviewed the request,together with
the needs of the District,and has determined that its interest
would not be prejudiced nor the utilization of the easement
adversely impacted by such a subordination.
NOW,THEREFORE,the Board of Directors of County Sanitation
District No.5 of Orange County,California,
DOES HEREBY FIND,DETERMINE AND ORDER:
•
Section 1 That certain Subordination Agreement attached
hereto as Exhibit “A”is hereby approved.
Section 2 The Chairman and Board Secretary are hereby
authorized to execute all necessary agreements and documents and
cause them to be recorded in the Official Records of the County of
Orange,as required by law.
PASSED AND ADOPTED at a regular meeting of the Board of
Directors held this 11th day of July ,1990.
TLW:pj (B23)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
County Sanitation Districts of
Orange County,California
P.O.Box 8144
Fountain Valley,Ca.92728—8144
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY
AGREEMENT
THIS AGREEMENT,is made and entered into,to be effective this
11th day of July ,1990,by and between:
COUNTY SANITATION DISTRICT NO.5 OF ORANGE
COUNTY,CALIFORNIA,a public agency,
hereinafter referred to as “District”;
AND
COUNTY OF ORANGE,a political subdivision of
the State of California,hereinafter referred
to as “County”.
RECITALS
WHEREAS,the District has undertaken necessary engineering
studies and determined to construct a trunk sewer system described
as the Downcoast Sewer from Corona del Mar to Los Trancos to serve
the Newport Coast Project of Coastal Community Builders;and,
WHEREAS,the design includes an alignment and placement of
said sewer within the right-of-way for Pacific Coast Highway,a
State of California public highway;and,
1
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE SECTION 27383
EXHIBIT “A”TO RESOLUTION NO.90-85-5
WHEREAS,the District has previously received a Grant of
Easement from The Irvine Company,a Michigan corporation,granting
to the District a 14-foot easement for the installation,operation
and continued future maintenance of said sewer line;and;
WHEREAS,Coastal Community Builders has received approval from
the County of Orange for Tentative Tract Map No.14131,which
includes a condition that the developer is not to grant any
easements to any other person or agency within areas requiring
dedication to the County of Orange;and,
WHEREAS,the development of the subdivision includes a
requirement to improve Pacific Coast Highway and the dedication of
rights-of-way to the County of Orange and/or the State of
California/Caltrans,which area of dedication includes that land
which has been previously a subject of a Grant of Easement to
District for sewer line purposes;and,
WHEREAS,District has received a request from the County of
Orange and Coastal Community Builders to subordinate its interest
for the underground sewer to that of the County for purposes of the
public street right-of-way;and,
WHEREAS,the District has reviewed the request,together with
the needs of the District,and has determined that its interest
would not be prejudiced nor the utilization of the easement
adversely impacted by such a subordination.
2
NOW,THEREFORE,the parties hereto,in consideration of the
mutual benefits to be received by each party,do hereby agree:
Section 1 District,as the owner of that certain Grant of
Easement described in Exhibit “A”,attached hereto and incorporated
herein by reference,does hereby subordinate all of its right,
title and interest therein,as described in said Grant,to County,
insofar as any interest is granted to or otherwise acquired by
County,by grant or otherwise,for public purposes within the area
of District’s easement.
Section 2 District recognizes that said subordination places
the rights of the County in a position of priority over those held
by the District pursuant to said Grant.
Section 3 County and District acknowledge and agree that
District has the rights to maintain sewer lines within this
easement pursuant to said Grant of Easement as well as pursuant to
the provisions of the County Sanitation District Act,California
Health &Safety Code Section 4700 et seq.
Section 4 No further consideration is to be exchanged
between the parties hereto except as expressly set forth herein.
Section 5 This Agreement shall be recorded in the Official
Records of the County of Orange.
3
IN WITNESS WHEREOF,the parties have executed this Agreement
pursuant to authority of the governing Board of each of said
parties.
“DISTRICT”COUNTY SANITATION DISTRICT NO.5 OF ORANGE
COUNTY,CALIFORNIA
By_________________________________________
Chairman,Board of Directors
By_________________________________________
Secretary,Board of Directors
APPROVED AS TO FORM:
THOMAS L.WOODRUFF
DISTRICT COUNSEL
By________________________________
“COUNTY”COUNTY OF ORANGE,a political subdivision
of the State of California
By__________________________________
Chairman,Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
Linda D.Ruth,Clerk of the Board
of Supervisors of Orange County,
California
APPROVED AS TO FORM:
COUNTY COUNSEL
COUNTY OF ORANGE
By_________________________________
TLW:pj (B24):07/09/90
4
ROuIIx~~WOODRUFF
ORANGE.CA
STATE OF CALIFORNIA )
ss.
COUNTY OF ORMGE )
On this
_____
day of ___________________,1990,before me,the
undersigned,a Notary Public in and for said State,personally
appeared and
___________________________________
personally known to me (or
proved to me on the basis of satisfactory evidence)to be the
persons who executed the within instrument as Chairman and
Secretary,on behalf of County Sanitation District No.5 of Orange
County,California,and acknowledged to me that County Sanitation
District No.5 of Orange County,California executed the within
instrument pursuant to its by—laws or a resolution of its Board of
Directors.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
)38.
COUNTY OF ORANGE )
On this
_____
day of ___________________,1990,before me,the
undersigned,a Notary Public in and for said State,personally
appeared and
___________________________________
personally known to me (or
proved to me on the basis of satisfactory evidence)to be the
persons who executed the within instrument as Chairman,Board of
Supervisors and Clerk of the Board of Supervisors,on behalf of
County of Orange,and acknowledged to me that County of Orange
executed the within instrument pursuant to its by—laws or a
resolution of its Board of Supervisors.
WITNESS my hand and official seal.
Notary Public
5
9O—26O54~
RECORDED IN OFFiCIAL RECORDS
OF ORANGE COUNTY,CALIFORNIA
Recording Requested by and
Return to:~PM MAY15 90
County Sanitation.District No.5 of ~‘a c3~~%
Orange County,California RECORDER
P.O.Box 8127 EEX
Fountain Valley,CA 92728—8127
Attn:Secretary of the Board 3
FREE RECORDING REQUESTED:
Essential to Acquisition By
County Sanitation District
No.5 of Orange County,
California;Government Code §6103
THIS DOCUMENT IS R~COROED FflR
BENEFIT OF THE DISTRICTAND I~~XEMF~TEASEMENTDEEDFROMFEES(GOVERNMENT CODE SECTION 213~3)
FOR VALUABLE CONSIDERATION,receipt of which is hereby
acknowledged,
THE IRVINE COMPANY,a Michigan corporation,
(“Owner”herein),hereby grants and conveys to
COUNTY SANITATION DISTRICT NO.5 of Orange County,California,
which is one of nine County Sanitation Districts formed under and
existing pursuant to the County Sanitation District Act,
California Health and Safety Code Sections 4700 et seq.,which
collectively operate wastewater collection,treatment and
disposal facilities,
(“Grantee”herein),
a perpetual,non—exclusive easement and right-of-way for the
construction and operation of regional wast~water collection,
transmission,treatment and disposal facilities,including,but
not limited to,gravity and forced main sewer lines and all
appurtenances thereto (the “Facilities”).This easement shall
include,but not by way of limitation,the right to construct,
reconstruct,remove and replace,renew,inspect,maintain,
repair-P,improve,and otherwise u~e the her’~inafter described
property for these purposes,tog~ther wit1~incidental
appurtenances and connections,in,over,under,upon,along,
through and across the real property located in the County of
Orange1 State of California,as desc~ribed in E~chibit “A”and
depicted in Exhibit “B”,which exhibits are ati~iched hereto and
made a part hereof (the “Easement Area”),as :.~ecessary in
connection with the use,operation and maint3rLance of the
Facilities.The Facilities to be constructed and maintained
—1—
686L1;03109/90
EXHIBIT “A”TO AGREEMENT WITH COUNTY OF ORANGE
shall be as,or substantially the same as,reflected in the plans
and specifications (the “Plans”)prepared by The Keith Companies,
and entitled:“South Coast Trunk Sewer Phase I From Station 238
+73.00 to Station 281 +05.00,Contract 5—35—1”.
SUBJECT TO:Covenants,conditions,restrictions,easements,
rights,rights-of-way and encumbrances of record.
A.Ri~hts of Owner to Use Easement Area
1.Rights of Use Subject to the provisions of
Paragraph A.2 below,it is understood and agreed that the
easements and rights—of-way acquired herein are also acquired
subject to the rights of the Owner to use the Easement Area for
any purpose whatsoever to the extent that such use does not
interfere with the Grantee’s use of its easement.The Owner
retains all rights which are not inconsistent with the easement.
Such use by the Owner shall include,but not be limited to,the
compatible use under,upon,over,and across the Easement Area,
for roadways,pipelines,landscaping,landscape irrigation
systems,fences or other compatible improvements which do not
impair the structural integrity of the Facilities or access
thereto.It is agreed,however,that no such compatible use for
any other purposes shall be made until plans for such proposed
use by Owner have been reviewed with or submitted to Grantee,and
Grantee has concurred that such proposed use will be consistent
withGrantee’s use of the Facilities.If Grantee fails to
provide objection in writing to any such proposed use by the
Owner within ten (10)working days after plans for the proposed
use have been received by Grantee,such proposed use shall be
deemed concurred in by Grantee.Grantee agrees that it shall not
unreasonably withhold its concurrence.
B.Arbitration as to Owner’s Use
1.Election by Ownez~If Grantee objects to a
proposed use of the Easement Area by the Owner requiring
concurrence of Grantee,the Owner,within sixty (60)days after
receiving written notice of such objection,may elect to submit
to arbitration the question as to (i)whether such objection was
unreasonable or (ii)whether such proposed use would interfere
with the use of the Easement Area by Grantee for the purposes
described herein.If through such arbitration it is determined
either (a)that such objection was unreasonable or (b)that such
proposed use would not interfere with such use by Grantee,such
proposed use by Owner shall be permitted.If the arbitration
proceeding results in such proposed use by Owner being permitted,
the costs of such proceeding,including,without limitation,
reasonable attorneys’fees,whether incurred by Owner or Grantee,
shall be borne by Grantee.If the arbitration proceeding results
in such proposed use by Owner not being permitted,the costs of
such proceeding,including without limitation,reasonable
—2—
686L2:03/09190
attorneys’fees,whether incurred by Owner or Grantee,shall be
borne by Owner.
2.Arbitration Procedure If arbitration is elected
pursuant to the foregoing paragraph,each party shall appoint one
arbitrator within fifteen (15)days after such election to
arbitrate has been made.If within such fifteen (15)day period
either party has failed to appoint an arbitrator,the arbitration
shall be conducted by the arbitrator appointed by the other
party.Within ten (10)days after each party has so appointed an
arbitrator,the two arbitrators so appointed shall appoint a
third arbitrator.If such two arbitrators have not appointed a
third arbitrator within such ten (10)day period,either party
hereto may apply to the Superior Court of the County of Orange,
State of California,for the appointment of such third
arbitrator.Upon arbitrators being appointed as aforementioned,
the arbitrators so appointed shall forthwith conduct the
arbitration in accordance with the rules of the American
Arbitration Association then in effect and shall make their award
in such proceedings not later than thirty (30)days following the
appointment of the arbitrator or arbitrators as aforementioned.
C.Nonliability of Owner
1.Liens Grantee shall not suffer or permit to be
enforced against the Easement Area,or any part thereof,any
mechanics’,laborers l,materialinen’s,contractors’,
subcontractors’,or any other liens arising from or any claims
for damages growing out of any work of construction or
improvement performed by or caused to be performed by Grantee
pursuant to its rights under this Easement Deed.Grantee shall
pay or cause to be paid all of said liens,claims and demands
before any action is brought to enforce the same against the
Easement Area;and Grantee hereby indemnifies and agrees to hold
Owner and the Easement Area free and harmless from all liability
for any and all such liens,claims and demands,together with all
costs and expenses,including,but not limited to,attorneys’
fees and court costs incurred by Owner in connection therewith;
and Owner shall have the right at any time and from time to time
to post and maintain on the Easement Area,or any part thereof,
such Notices of Nonresponsibility as desired by Owner or as may
be provided by law.Notwithstanding anything to the contrary
contained in this paragraph,if Grantee shall in good faith
contest the validity of any such lien,c~1aim 6r demand,then
Grantee shall,at its expense,defend i~se1f and Owner against
the same and shall pay and satisfy any adverse judgment that may
be rendered thereon before th~enforcei~nt thereof against
Grantee or the Easement Area,and if Owner dh~I1 require,Grantee
shall furnish to Owner a surety bond satisf~tory to Owner in an
amount equal to such contested lien,claii~.or demand indemnifying
Owner against liability for same,or if 0wn~shall request,
Grantee shall procure and record the bond provided for in the
Civil Code of the State of California,~r any comparable statute
—3—
686L3:03/09/90
hereafter enacted providing for a bond freeing the Easement Area
from the effect of such lien or claim or action thereon.
2.Indemnity Grantee agrees to indemnify Owner
against and to hold Owner harmless from any liability,loss,
claims or damage with respect to any property,injury or death of
any person whomsoever,proximately caused by any negligence of
Grantee,its employees,independent contractors,or agents,or by
any act or omission for which Grantee,its employees,independent
contractors,or agents are liable without fault in the exercise
of the rights herein granted;save and except to the extent that
such liability,loss,damage,injury or death is proximately
caused by any negligent act or omission of the Owner or the
employees,agents or independent contractors of Owner (other than
a failure to perform an act for which Grantee,its employees,
independent contractors or agents are responsible under this
Easement Deed or applicable law or a failure to correct or to
require Grantee to correct a condition created by Grantee,its
employees,independent contractors or agents)or by any act or
omission for which Owner or the employees,independent
contractors or agents of Owner are liable without fault.
D.Grantee to Repair Dama~e
1.Grantee agrees at its sole expense to repair to
the original functioning state or replace all those improvements
or other things,including without limitation,streets,alleys,
roadways,landscaping and other growing things,sidewalks,
fences,pipelines and conduits upon,under,over,across or along
the Easement Area which are existing at the date hereof or which
are installed or planted in accordance with the provisions of
this Easement Deed subsequent to the date hereof and which are in
any manner whatsoever damaged or removed in connection with the
exercise by Grantee of the rights herein granted.
2.Any such repair or replacement to be accomplished
at Grantee’s expense as hereinabove provided shall be
accomplished promptly following completion of the efforts of
Grantee causing the damage or removal.If the extent such repair
or replacement as herein required to be made at Grantee’s expense
has not been completed within sixty (60)days following notice
with respect thereto from Owner,Owner may enter upon the
Easement Area,accomplish such repair or replacement and the cost
thereof shall thereafter be payable by Grantee to Owner within
thirty (30)days following the rendering of a statement therefor
to Grantee and such amount shall bear interest at the rate of ten
percent (10%)per annum until fully paid.
~.Relocat~ion at Owner’s Expense
If Owner in its good faith judgment determines that
said Facilities interfere with the development of the Easement
Area by Owner,then Grantee will,within one hundred twenty (120)
consecutive calendar days after the receipt from Owner of a
—4—
686L.4~O3 109190
notice in writing to do so,relocate said Facilities or portions
thereof at the sole expense of Owner and at no expense to
Grantee;provided,however,said obligation to relocate at the
expense of Owner shall be conditioned upon the furnishing by
Owner to Grantee of a good and sufficient permanent grant of
easement in a feasible location’,which grant of easement shall be
in a form identical to this Grant of Easement.This right to
cause such easement to be relocated at the expense of Owner may
be exercised as many times as Owner shall elect.
F.Successors and Assigns
This Easement Deed shall be binding upon and inure to
the benefit of the successors and assigns of Owner and Grantee.
G.Acceptance arid Recordation
Grantee agrees,by acceptance and recordation of this
Easement Deed from Owner,that the terms and conditions herein
set forth shall be binding upon and inure to the benefit of
Grantee.
—5—
686L~:031091 90
IN WITNESS WHEREOF this Easement Deed has been executed
this ‘day of ______________________,1990.
“Owner”
THE IRVINE COM~1Y,
a Mic1~gan cor~o,k~ation
IWAu~,V
“Grantee”
AP?~OV~D ~J TO ~
COUNTY SANITATION DISTRICT
NO.5 OF ORANGE COUNTY,
CALIF
By
Title:CHAIRMAN
By:ZJ~t~4
Title:SECRETARY
686L6:0 3/09/90
—6—
Schedule of Exhibits
Exhibit A:Legal Description of Easement Area
Exhibit B:Depiction of Easement Area
—7—
686L7:03109/90
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this
____
day of
_________________,19.&before me,
the undersigned a Notary Public in and for said State,)personally
appeared ,-&z.4~a~~.d 4.4~O-~,-rL and ~~s-cz~h.
personally known to me (oLd proved to me on’the basis of -~
satisfactory evidence)to be the persons who executed ~he within
instrument as k’~e..-/%~4~t.ic.A~and ~~
,
respectively,on behalf of the corporation therein named and j
acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
~‘
Notary Püblid in and for said State 1993
STATE OF CALIFORNIA)(Form P-C)
)SS.
COUNT!OF ORP~NGE )
On April II
,1990 before me,Penny Kyle
a Notary Public for the State of California,personally appeared
Evelyn Hart
,personally known to me (or proved to me on the basis
of satisfactory evidence)to be the District 5 Chairman and
Rita J.Brown
,personally known to me (or proved to me on the basis
of satisfactory evidence)to be the Secretary of the County
Sanitation Districts of Orange County,California,the public corporation that
executed the within instrument,and acknowledged to me that such individuals
were authorized to execute said instrument for the corporation pursuant to
resolution of its Board of Directors.
WI~ESS my band and official seal.
YKY
Notar nt~~d Se
—8—
-6861.8:03/09/90
CE~TIPICATE OF ACCEPTANCE
This is to certify that the interest in real property
conveyed by the Easement Deed dated March 9
,
from The Irvine Company,a Michigan corporation,to the County
Sanitation District No.5 of Orange County,California,a
political corporation and/or governmental agency (“Grantee”)is
hereby accepted by the undersigned officer or agent on behalf of
the Grantee’s Board of Directors,pursuant to authority conferred
by Resolution No~~,5adopted on P~ugUSt 12 l9.~L,and
recorded on —
,].9._,in Book —
,page ..,of
Official Records of Orange County,California,and the Grantee
consents to recordation thereof by its duly authorized officer.
DATED:May 14 l9~9
COUNTY SANITATION DISTRICT NO.5
OF ORANGE COUNTY,CALIFORNIA
By_________
Title:Board Secretary
—9—
686L9:03 109190
EXHIBIT “A’1
TO EASEMENT DEED
BEING AN EASEMENT FOR SANITARY SEWER PURPOSES OVER,UNDER,
ALONG,ACROSS AND THROUGH A PORTION OF BLOCK 131 OF IRVINE’S
SUBDIVISION IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF
ORANGE,STATE OF CALIFORNIA,AS SHOWN ON THE MAP FILED IN
BOOK 1,PAGE 88 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY;SAID EASEMENT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A STRIP OF LAND 14.00 FEET WIDE LYING 3.50 FEET
SOUTHWESTERLY AND 10.50 FEET NORTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF THE 16.18 ACRE
TRACT DESCRIBED AS PARCEL 2 IN A DEED RECORDED.IN BOOK
13439,PAGE 94 OF OFFICIAL RECORDS IN THE OFFICE OF SAID
COUNTY RECORDER;THENCE SOUTH 40°30’05”WEST,6.50 FEET TO
THE TRUE POINT OF BEGINNING
THENCE,TRAVERSING THE INTERIOR OF SAID BLOCK 131,THE
FOLLOWING SIX (6)COURSES:
1)NORTH 4929’55”WEST,1454.89 FEET;
2)NORTH 4845’14”WEST,500.04 FEET;
3)NORTH 4929’55”WEST,490.06 FEET;
4)NORTH 4852’51”WEST,409.96 FEET;
5)NORTH 5032’29”WEST,600.10 FEET;
AND 6)NORTH 49’29’55”WEST,1791.23 FEET TO A POINT IN THE
SOUTHEASTERLY LINE OF TRACT NO.3519,IN THE CITY OF
NEWPORT BEACH,COUNTY OF ORANGE,STATE OF
CALIFORNIA,AS SHOWN ON THE MAP FILED IN BOOK 128,
PAGES 18 THROUGH 21,INCLUSIVE,OF MISCELLANEOUS
MAPS IN THE OFFICE OF SAID COUNTY RECORDER;SAID
POINT ALSO BEING NORTH 4031’05”EAST,3.50 FEET
FROM THE MOST SOUTHERLY CORNER OF SAID TRACT NO.
3519.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT “B”ATTACHED
HERETO AND HEREBY MADE A PART HEREOF.
MAR~LYN BROOKS,L.S.5831
MARCH 7,1990
10053.00
9421-SEF-10053-X
Exhibit “A”(to Easement 1~ed)
I I.
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TRACT NO.3519
MM.128 /18-21
STATE OF CALIFORNIA
I~ARCEL NO I
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CRYSTAL COVE
STATE PARK
EXHIBIT ~B
14 SANITARY SEWER EASEMENT
RIGHT-Of-WAY MAP FOR PACIFIC COAST HIGHWAY
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STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,RITA J.BROWN,Secretary of the Board of Directors of County
Sanitation District No.5 of Orange County,California,do hereby certify that
the foregoing Resolution No.90—85—5 was passed and adopted at a regular
meeting of said Board on the 11th day of July,1990,by the following vote,to
wit:
AYES:Evelyn Hart,Chairman,Don R.Roth,Phil Sansone
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.5 of Orange County,California,this
11th day of July,1990.
Rita J.Brown,Secretary
Board of Directors of County
Sanitation District No.5
of Orange County,California